Bill Text: CA AB846 | 2011-2012 | Regular Session | Amended

California Assembly Bill 846 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Foster youth: identity theft.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2011-08-25 - In committee: Held under submission. [AB846 Detail]

Download: California-2011-AB846-Amended.html

BILL NUMBER: AB 846	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Bonilla

                        FEBRUARY 17, 2011

    An act to amend Section 316.2 of the Welfare and
Institutions Code, relating to dependent children.   An
act to amend Section 10618.6 of the Welfare and Institutions Code,
relating to public social services. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 846, as amended, Bonilla.  Dependent children: notice
to alleged fathers.   Foster youth: identity theft.
 
   Under existing law, a county welfare department is required to
request a consumer disclosure, pursuant to federal law, on behalf of
a youth in a foster care placement in the county when the youth
reaches his or her 16th birthday, in order to ascertain whether the
youth has been the victim of identity theft. If the consumer
disclosure reveals any negative items or evidence that identity theft
has occurred, existing law requires the county welfare department to
refer the youth to an approved organization that provides services
to victims of identity theft. Existing law requires the department to
develop a list of approved organizations for this purpose, in
consultation with the County Welfare Directors Association and
others.  
   This bill would revise these provisions to require the county
welfare department or the State Department of Social Services to
ascertain whether identity theft may have occurred under the
described circumstances. The bill would authorize the county welfare
department and the State Department of Social Services to refer the
matter to a governmental agency or nonprofit organization that
provides information and assistance to victims of identity theft. The
bill would authorize the governmental agency or nonprofit
organization to take remedial actions to clear the youth's credit
record and to report the results to the county welfare department or
the State Department of Social Services. The bill would require the
Office of Information Security and Privacy Protection, in
consultation with the State Department of Social Services and other
specified entities, to develop a list of governmental agencies and
nonprofit organizations to which these matters may be referred for
assistance in responding to an instance of suspected identity theft.
 
   Existing law requires the juvenile court, at the detention hearing
held in a dependency proceeding, or as soon as practicable, to
inquire of the mother and any other appropriate person as to the
identity and address of any presumed or alleged father of the child
who is the subject of the proceeding, and specifies the factors the
court may consider in this regard.  
   This bill would make a technical, nonsubstantive change to that
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 10618.6 of the  
Welfare and Institutions Code   is amended to read: 
   10618.6.   When   In the year that  a
youth in a foster care placement reaches his or her 16th birthday,
the county welfare department  or the State Department of Social
Services  shall request a consumer  disclosure,
  disclosure from each of the national consumer credit
reporting agencies,  pursuant to the free annual disclosure
provision of the federal Fair Credit Reporting  Act,
  Act (15 U.S.C. Sec. 1681 et. seq.),  on the youth'
s behalf, notwithstanding any other provision of law, to ascertain
whether or not identity theft  has occurred. If there is a
  may have occurred. Notwithstanding Section 827,
Section 10850, or any other provision of law, both the county welfare
department and the State Department of Social Services are
authorized under this section to make the request on a foster youth's
behalf. If the State Department of Social Services submits the
request, the department shall use the most efficient means possible,
such as via a batch process using lists of youth turning 16 years of
age, on a quarterly or semiannual basis, rather than via individual
manual requests. If a consumer  disclosure for the youth 
exists  and if the consumer disclosure reveals any negative
items, or any evidence that some form of identity theft  has
occurred, the county welfare department shall refer the youth to an
approved counseling   may have occurred, the State
Department of Social Services or the county welfare department,
acting on behalf of the foster youth, may refer the matter to a
governmental agency or nonprofit  organization that provides
 services   information and assistance  to
victims of identity theft.  The State Department of Social
Services, in consultation with  The governmental agency
or nonprofit organization may take remedial action on behalf of the
foster youth to clear his or her credi   t record and report
the results of the action to the county welfare department or the
State Department of Social Services. The Office of Information
Security and Privacy Protection, in consultation with the State
Department of Social Services,  the County Welfare Directors
Association, consumer credit reporting agencies, and other relevant
stakeholders, shall develop a list of  approved 
 governmental agencies and nonprofit  organizations to which
 youth   these matters  may be referred
for assistance in responding to an instance of suspected identity
theft. Nothing in this section shall be construed to require the
county welfare department  to request more than one
 or the State Department of Social Services to make more than one
request for a  consumer disclosure on behalf of a youth in
care, or to take steps beyond referring the  youth 
 matter  to  an approved   a
governmental agency or nonprofit  organization. 
  SECTION 1.    Section 316.2 of the Welfare and
Institutions Code is amended to read:
   316.2.  (a) At the detention hearing, or as soon thereafter as
practicable, the court shall inquire of the mother and any other
appropriate person as to the identity and address of any presumed or
alleged father. The presence at the hearing of a man claiming to be
the father shall not relieve the court of its duty of inquiry. The
inquiry shall include at least all of the following, as the court
deems appropriate:
   (1) Whether a judgment of paternity already exists.
   (2) Whether the mother was married or believed she was married at
the time of conception of the child or at any time thereafter.
   (3) Whether the mother was cohabiting with a man at the time of
conception or birth of the child.
   (4) Whether the mother has received support payments or promises
of support with respect to the child or in connection with her
pregnancy.
   (5) Whether any man has formally or informally acknowledged or
declared his possible paternity of the child, including by signing a
voluntary declaration of paternity.
   (6) Whether paternity tests have been administered and the
results, if any.
   (7) Whether any man otherwise qualifies as a presumed father
pursuant to Section 7611, or any other provision, of the Family Code.

   (b) If, after the court inquiry, one or more men are identified as
an alleged father, each alleged father shall be provided notice at
his last and usual place of abode by certified mail return receipt
requested alleging that he is or could be the father of the child.
The notice shall state that the child is the subject of proceedings
under Section 300 and that the proceedings could result in the
termination of parental rights and adoption of the child. Judicial
Council form Paternity-Waiver of Rights (JV-505) shall be included
with the notice. Nothing in this section shall preclude a court from
terminating a father's parental rights even if an action has been
filed under Section 7630 or 7631 of the Family Code.
   (c) The court may determine that the failure of an alleged father
to return the certified mail receipt is not good cause to continue a
hearing pursuant to Section 355, 358, 360, 366.21, or 366.22.
   (d) If a man appears in the dependency action and files an action
under Section 7630 or 7631 of the Family Code, the court shall
determine if he is the father.
   (e) After a petition has been filed to declare a child a dependent
of the court, and until the time that the petition is dismissed,
dependency is terminated, or parental rights are terminated pursuant
to Section 366.26 or proceedings are commenced under Part 4
(commencing with Section 7800) of Division 12 of the Family Code, the
juvenile court which has jurisdiction of the dependency action shall
have exclusive jurisdiction to hear an action filed under Section
7630 or 7631 of the Family Code.
   (f) After any inquiry, proceeding, or determination made pursuant
to this section, the juvenile court shall note its findings in the
minutes of the court.